49 U.S.C. § 13541 — Authority to exempt transportation or services
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 398 words · no verdicts yet
The Secretary of Transportation or the Surface Transportation Board must exempt people, transactions, or services from trucking regulations when doing so is not needed for transportation policy, doesn't leave shippers unprotected, and serves the public interest. They can start this process themselves or by request, and revoke an exemption later if needed — but some safety, insurance, and water-carrier rules can never be exempted away.
(a) In general: In any matter under this part's authority, the Secretary* or Board* must exempt a person, class of persons, or a transaction or service from all or part of a rule in this part — or modify how that rule applies — when they find that applying the rule (1) isn't necessary to carry out the transportation* policy in section 13101; (2) isn't needed to protect shippers from abuse of market power, or the transaction or service is of limited scope; and (3) is in the public interest.
(b) Initiation of proceeding: The Secretary or Board may start this process on their own or when an interested party applies.
(c) Period of exemption: They may set how long a granted exemption lasts.
(d) Revocation: They may revoke an exemption, in whole or part, if they find that applying the rule again has become necessary to carry out the transportation policy in section 13101.
(e) Limitations: (1) This exemption power can never be used to excuse someone from laws, rules, or orders covering cargo loss and damage, insurance, safety fitness, or activities approved under section 13703 or 14302, or not ended under section 13907(d)(2). (2) The Secretary or Board can't exempt a water carrier* from sections 13701 or 13702 for transportation in the non-contiguous domestic trade (like trade with Alaska, Hawaii, Puerto Rico, or other offshore areas).
(f) Continuation of certain existing exemptions for water carriers: Neither the Secretary nor the Board may regulate water-carrier* transportation in the non-contiguous domestic trade of any cargo or service that wasn't already regulated by the Federal Maritime Commission or the Interstate Commerce Commission under federal law as of November 1, 1995.
In any matter subject to jurisdiction under this part, the Secretary* or the Board*, as applicable, shall exempt a person, class of persons, or a transaction or service from the application, in whole or in part, of a provision of this part, or use this exemption authority to modify the application of a provision of this part as it applies to such person, class, transaction, or service, when the Secretary or Board finds that the application of that provision—
is not necessary to carry out the transportation* policy of section 13101;
is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and
is in the public interest.
The Secretary or Board, as applicable, may, where appropriate, begin a proceeding under this section on the Secretary’s or Board’s own initiative or on application by an interested party.
The Secretary or Board, as applicable, may specify the period of time during which an exemption granted under this section is effective.
The Secretary or Board, as applicable, may revoke an exemption, to the extent specified, on finding that application of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 13101.
The exemption authority under this section may not be used to relieve a person from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage, insurance, safety fitness, or activities approved under section 13703 or 14302 or not terminated under section 13907(d)(2).
The Secretary or Board, as applicable, may not exempt a water carrier* from the application of, or compliance with, section 13701 or 13702 for transportation in the non-contiguous domestic trade.
The Secretary or Board, as applicable, shall not regulate or exercise jurisdiction under this part over the transportation by water carrier* in the non-contiguous domestic trade of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission or Interstate Commerce Commission under Federal law in effect on November 1, 1995.
Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 866.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 866
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
all 0 arguments · sorted by: best
no arguments yet — make the first case